Meet the radical far-left judicial activist who issued the Prop 8 ruling:
In other words, this “liberal San Francisco judge” was recommended by Ed Meese, appointed by Ronald Reagan, and opposed by Alan Cranston, Nancy Pelosi, Edward Kennedy, and the leading gay activist groups. It’s a good thing for for advocates of marriage equality that those forces were only able to block Walker twice.
Look, when unapologetic Marxists like Ed Meese are permitted in the federal government, this is the kind of thing that will happen. Clearly, the radical hold on the federal judiciary is complete. [via]
Shorter Verbatim Assrocket: “Conservatives have long said that the day would come when liberal judges declare the Constitution unconstitutional.”
Or, to put it in a way with some relation to reality, a judge did an utterly banal thing and declared a provision of a state constitution inconsistent with the federal Constitution. (Note appropriate venue for capitalization.)
The new winger Constitution seems to be missing some other provisions in addition to Section 1 of the 14th Amendment. So allow me to introduce the contemporary Republican Party to Article VI:
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
I have very, very mixed feelings about Judge Walker’s historic decision holding California’s Proposition 8 unconstitutional. On the one hand, it represents judicial review at its best, remedying the exclusion of an unpopular minority from a fundamental right for irrational reasons. Strictly on the merits. the decision is cause for celebration.
I have very mixed feelings about the outcome, though, simply because the district court is merely the first stage in the appellate process, and the lawsuit was strategically foolish. I should emphasize that this is not because I’ve suddenly come to accept contrarian nonsense about how justice should be deferred until an unspecified time in the future in which social change can be magically achieved without conflict. If I thought there was a good chance that this ruling would be upheld by higher courts, I would be ecstatic. But there’s the rub: I have a very hard time believing that the Supreme Court would let a circuit court opinion upholding the invalidation of Prop 8 stand without review, and and even harder time believing that the Supreme Court wouldn’t reverse Judge Walker. And a Bowers-type negative precedent would not only foreclose future federal lawsuits for longer than necessary, but could well make it more difficult to prevail in state courts as well.
This isn’t to criticize Judge Walker — it wasn’t his choice to bring this suit, and he did the right thing. And maybe I’m wrong and the case will stir Anthony Kennedy’s sporadic conscience. But I have the sinking feeling that this will not end well.
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I would like to thank Judge Vaughn Walker for readmitting the California Gays into the human race. It’s nice to see that someone appointed by a noted Gay Agenda-monger like Ronald Reagan actually believes in all that stuff the Tea Party crowd only pays lip service to.
In general, I strongly recommend Emily Bazelon’s series about the suicide of Phoebe Prince and the resulting prosecutions. Like Lindsay, my recommendation comes with the caveat that I wish Bazelon had done more to question the victim-blaming she quotes uncritically. Essentially, the argument of people that Prince shares some of the blame comes down to “well, they called her a slut, but she did sleep with a couple of young men other young women had an interest in.” I would hope that for our audience I don’t need to elaborate about sexism that underlies this argument (and Lindsay has already done a great job); let’s just say that at a minimum I wish Bazelon had asked why the men who slept with Prince weren’t bullied. The fact that “slut”-shaming is an acceptable form of bullying is an important point a lot of coverage of the Prince case has missed.
A few other points:
- Bazelon’s coverage convinces me that three of the prosecutions are not merely problematic but outrageous. The point at which a run-of-the-mill failure to be nice becomes legally actionable bullying is a blurry one, but even if her name had been mentioned surely “a single mean comment on someone else’s Facebook page” isn’t even close. The prosecution of Kayla Narey seems like a straightforward abuse of prosecutorial power.
- This case also illustrates the danger of leaving usually unenforced “morals legislation” on the books. The state generally would not (and should not) enforce statutory rape laws in cases where a 17- or 18-year old has consensual sex with a 15-year old. But keeping formal laws against this on the books invites all kinds of arbitrary abuse by prosecutors. It’s bad enough when these laws are selectively enforced to enhance the punishment of people who can be plausibly charged with other offenses. But in this case, the laws have apparently been invoked to prosecute someone who couldn’t even been indicted for actual civil rights violations. Even if he did have sex with Prince (which he denies), Renaud’s prosecution is indefensible.
- I have less than no use for people who take a “teenagers will be teenagers” approach to bullying. In fairness, this doesn’t seem to have been the attitude of the school officials in South Hadley, who took the bullying of Prince seriously when informed of it.
- I will also endorse Lindsay’s bottom line: “Girls joined forces to marginalize and humiliate a younger student, a newcomer with a serious mental illness. However, glaring at someone in a bathroom is not an issue for the criminal justice system; but throwing a projectile from a speeding car at a pedestrian clearly is.” The case illustrates some areas in which the criminal justice system does have a legitimate role, but also the extent to which a high-profile tragedy can cause prosecutors to attempt to punish ordinary behavior that, while far from admirable and worthy of condemnation, cannot possibly be criminal.
I am reading a fascinating new addition to the literature on the influence of transnational advocacy networks in world politics: Mark Lawrence Schrad’s The Political Power of Bad Ideas. Essentially a history of the prohibition movement, his broader theoretical point is that transnational advocacy networks not only influence governments into doing what they should (like banning landmines and the recruitment of child soldiers) but also, sometimes, into making bad policies. His book is interesting because most case studies of advocacy networks focus on worthwhile campaigns that succeeded – abolitionism, women’s sufferage and the like – rather than either good ideas that failed or bad ideas that succeeded.
To Schrad, prohibition is a uniquely illustrative case. He details the nineteenth century’s temperance movement as an early example of transnational activism, and traces its influence on the epidemic of prohibition policies across the globe. I haven’t finished the whole book, which includes in-depth comparisons of U.S., Swedish and Russian policies on alcohol, but I’ve read enough to recommend it to those interested in global civil society.
Of course the book doesn’t preach about current issues, but it does invite certain questions about other, comparable bad ideas that have taken root globally in recent years.
Noah Shachtman’s article on USAF targeting procedures in Afghanistan is worth re-reading.
… despite some speculation to the contrary, it appears that David Petraeus will retain the restrictions described in the above article.
Beloved Maverick and Man of High Principle John McCain gives us some of the Straight Talk (TM) for which he is justly famed:
TPMDC asked, “Do you support the Minority Leader’s push for hearings into the repeal of birthright citizenship?”
“Sure, why not?” McCain said briefly.
“Do you support the idea itself?”
“I support the idea of having hearings,” McCain said.
“Do you have a problem with the 14th amendment?” another reporter asked.
“You’re changing the constitution of the United States,” McCain said. “I support the concept of holding hearings.”
“I support the concept of holding hearings,” McCain repeated, turning to the rail car conductor.
There really is a book to be written the dreams journalists spent a decade projecting onto this hack.
Good. And here’s a blast from the past with a winning strategy:
On Tuesday, Rick Lazio, a Republican candidate for governor, appeared at the vote, in an auditorium at Pace University near City Hall, to oppose the project.
Rick Lazio is still alive? And running for governor? Sad, really; I’m old enough to remember when the Republicans had a greater chance of winning state-wide elections than the Prohibition Party.
…Wherever there’s wanktastic pandering to wingers to be done, Joe Lieberman will be there!
Discussing the recent whining of Alberto Gonzales who, like Jay Bybee, wants it known that he’s one of the real victims of the arbitrary torture regime he helped conceive of and implement, Dahlia Lithwick points out that according to reasonable, moderate, thinking man’s advocate of arbitrary torture Michael Mukasey there can never be any basis for holding people involved in said arbitrary torture regime accountable:
Those who distorted and upended the legal rules during the Bush era have hermetically sealed themselves inside a legal tautology that provides that lawyers cannot be held accountable for merely offering legal advice, and nonlawyers cannot be held accountable because they believed that what they did was legal. But now we are poised to drown in an even more dangerous tautology—first offered up by former Attorney General Michael Mukasey—which holds that the Bush administration lawyers made mistakes because they were the victims of the “difficulty and novelty” of the legal questions before them, and then victimized again by “relentless,” “hostile,” and “unforgiving” critics who would hold them responsible for their decisions. Under this view there can be no legitimate criticism of the Bush lawyers—no matter how well-intentioned or how well-reasoned, such criticism is partisan and political and vengeful. There is no law. There is only your team versus mine.
Nice racket if you can get away with it. And, alas, they can.
Republican contempt for the Constitution continues:
In the House, Rep. Lamar Smith (R-Tex.) has introduced the Birthright Citizenship Act of 2009, which would attempt to deny children of illegal immigrants U.S. citizenship through statute rather than a constitutional amendment (thereby lowering the vote threshold). He has 93 co-sponsors for that effort including Rep. Nathan Deal, the Georgia Republican who is in a runoff to be the party’s candidate for governor.
Since many elected members of one of our major parties seem unfamiliar with the document, why don’t we quote this again:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
Nice when the text just straightforwardly resolves a controversy, isn’t it? Bigotry being such a high priority it trumps the text of the Constitution, rather less nice.
[Edited to include correct passage from article.]